How Can Employees Claim Their PF Without Notification and Handle Delays Legally?

Claiming PF Without Notification

My brother was working in a private Ltd company for around 8 months. Due to low salary and bonus issues, he left the job without proper notification. He doesn't know his PF number. In this situation, what does he have to do to claim his PF amount? Kindly advise me on the procedure to claim his amount. If the company delays payment of the PF amount, what legal actions can be taken from the employee's side to recover the PF amount?

Procedures for HR Managers

In the above case, if an employee leaves the job without a resignation letter, what procedures should the HR Manager follow to give his/her PF amount?

Legal Actions for Withheld Salary

An employee left the job with a proper resignation letter ten days before leaving the job. Even after giving the resignation letter, the management has withheld one month's salary. What legal actions can be taken against the management for holding one month's salary?

Employee Rights on Payment Issues

I would like to know the employee rights if they face any issues regarding salary delays, PF holding, delayed gratuity, other payments, and benefits.

Thanks,

Dear Ranjeetha.MP,

Any employee cannot be denied of PF claim, even if he has quit or was asked to quit. But if the employee's appointment letter has a notice period clause and that is violated, he cannot claim the salary without serving such notice period. Beyond the notice period, the employer cannot delay salary, hold salary, delay PF, Gratuity, etc. Employees can approach the labor department.

Employment Status and F&F Settlement

First of all, try to ascertain the employment status. Has he been terminated? In case of termination, seek F&F settlement. Submit an application to the HR Department to that effect with a copy to the local Labour Officer, Union, etc. If not terminated, you may wait or send in your resignation letter and seek F&F settlement. To get help regarding PF, approach the local PF Office with your employment papers, salary slip, etc., and try to obtain information informally on your accumulated contribution.

Role of HR Manager in PF Release

The HR manager has no role in releasing your PF. Nowadays, with online management of PF, you will be able to manage with the help of RPFC staff. However, you may not be able to access the money but could get it transferred to the new organization.

Notice Period and Payment of Wages Act

Please see the applicable notice period. Management has the right to retain the notice period payment even if a resignation letter is submitted.

The Payment of Wages Act 1936 applies, and corrective action, including penalties, is provided for. The local Labour Inspector can assist in recovering wages, etc.

Thank you for your reply.

1) My brother didn't receive the Appointment Order/Confirmation Letter during his interview. In this situation, what does he need to do to claim his PF amount? He also does not have his salary slip.

2) Similarly, I have completed an MBA in HR. Currently, I am working as an "HR Assistant" in a Private Limited company. During my interview, I did not receive the Appointment Order/Confirmation Letter and I also did not receive a Salary Slip.

3) Please inform me about the "Rights of Employees."

Thank you.

Dear Ranjeetha, it's difficult to believe that organizations still exist that have no appointment letter, confirmation letter, salary slip, etc. Is it too cinematic? Is it a family concern? I have serious doubts whether PF would have been complied with.

The various labor laws have conferred rights on employees. For example, the PF and ESI Act provide coverage from day one, the ID Act secures employment after 240 days of service, the Trade Union Act provides the right to organize, and the Payment of Wages Act and Minimum Wages Act ensure timely payment of full wages. Additionally, the Payment of Bonus Act gives bonuses. As an MBA-HR, you would know the details thereof.

In this situation, I cannot think of any alternative other than approaching the local Labor Office and PF Office, explaining the situation, and hoping for the best.

Thank you, Manish Sir.

My brother doesn't know his PF number. How can he get his PF number without approaching his existing company?

After completing my MBA in HR, I have been working as an "HR Assistant" for only the past 10 months. Therefore, I lack practical experience.

Could you kindly guide me on the above issue?

Thanks

Dear Ranjeetha,

If your brother's salary was done through bank transfer, then they may have deducted PF, and a UAN number should have been generated. So, in that case, you can check your UAN status by visiting the following link:

https://unifiedportal-mem.epfindia.g...AD1759F88E3D06

You can fill in the required details to know the status of your UAN.

Regards,
Manish

Dear Sivarasu Sir,

If my brother approaches the PF office, does he have a chance of obtaining his PF number? Should he go and approach the PF office? If he can approach the PF office, what documents does he need to carry to collect his PF number?

Thank you.

Let him carry the bank passbook if the salary was credited to his account. Since there is no appointment/confirmation letter, salary slip, etc., perhaps you may have an Identity Card, Shift pass, or any other worthwhile document to show the employer-employee relationship. Anyhow, carry an application form giving details of employment.